Nationwide consent to let - leasehold

crazylady1983

hey there,
I'm waiting on paperwork to apply for consent to let. the telephone operative advised that if I own a leasehold property I have to get the freeholders consent for the application. I have a terraced house and the lease is from 1893! I haven't got a copy of the lease but I will be requesting from land registry. If there is no clause in there about sub letting will the lease suffice as proof of the freeholders consent?
I really don't want to contact the freeholder because we had a falling out a few years back and I have a feeling she will make things difficult. I have called tenant ready to move in and I don't want this prolonging the situation.
thanks

Guest101

Who is the freeholder and how long is left on your lease?

crazylady1983

the freeholder is the woman I bought the leasehold property from. there's around 900 years left on it

G_M

I'm 99% sure that if the lease is silent then you can do as you wish.
If the lease requires permission, then you'll need permission.
If the lease prohibits - you're stuffed!

Let us know what the lease says. You really should have a copy from when you bought it.

It's worrying that you did not know of this until your lender mentioned it - what else about letting don't you know? (silly question as you won't know what you don't know will you?)!

Read:

* New landlords: advice, information & links

taken from:

Tenancies in Eng/Wales: Guides for landlords and tenants

Guest101

crazylady1983 wrote: »

the freeholder is the woman I bought the leasehold property from. there's around 900 years left on it

I don't understand if the lease is from 1896 then presumably that passed down along the way. Did it so happen that the lease and freehold were bought by one and the same person?

crazylady1983

the solicitor said I should have a copy but I've been through all my paperwork and can't find it anywhere. they want a hefty cost to review the documents.
when I bought the property I never imagined I would need to let it out but due to family circumstances I now need to. I have seen these types of leases before and I doubt I will understand it anyway due to its age.
the freeholder inherited the property from her mother who sadly passed away. I tried to buy the freehold along with the leasehold but for some very strange reason she wouldn't sell it.
also in correspondence from my solicitor at the beginning of the sale process it mentions she was willing to sign a declaration that she wouldn't enforce and of the clauses in the lease along with ground rent but again I don't have a copy of this. what a nightmare!

Guest101

crazylady1983 wrote: »

the solicitor said I should have a copy but I've been through all my paperwork and can't find it anywhere. they want a hefty cost to review the documents.
when I bought the property I never imagined I would need to let it out but due to family circumstances I now need to. I have seen these types of leases before and I doubt I will understand it anyway due to its age.
the freeholder inherited the property from her mother who sadly passed away. I tried to buy the freehold along with the leasehold but for some very strange reason she wouldn't sell it.
also in correspondence from my solicitor at the beginning of the sale process it mentions she was willing to sign a declaration that she wouldn't enforce and of the clauses in the lease along with ground rent but again I don't have a copy of this. what a nightmare!

You may aswell just buy the freehold, probably cheaper than paying a solicitor to examine your lease

crazylady1983

I honestly don't think she will sell it. she wouldn't sell it before doubt she will now. nothing stranger than folk

Guest101

crazylady1983 wrote: »

I honestly don't think she will sell it. she wouldn't sell it before doubt she will now. nothing stranger than folk

That's not an option


http://www.moneysavingexpert.com/mortgages/buy-freehold-right-to-manage

crazylady1983

might be worth a look if this becomes a nightmare